24 Cited authorities

Metro-Goldwyn-Mayer Studios Inc. v. Grokster, Ltd.
545 U.S. 913 (2005) Cited 787 times 31 Legal Analyses
Holding that “one who distributes a device with the object of promoting its use to infringe copyright ... is liable”
Community for Creative Non-Violence v. Reid
490 U.S. 730 (1989) Cited 1,150 times 17 Legal Analyses
Holding that "In determining whether a hired party is an employee under the general common law of agency, we consider the hiring party's right to control the manner and means by which the product is accomplished" and listing several factors relevant to this inquiry
Skidmore v. Swift Co.
323 U.S. 134 (1944) Cited 3,745 times 66 Legal Analyses
Holding that "the rulings, interpretations and opinions of the Administrator" of the statute in question, "while not controlling upon the courts by reason of their authority," were nonetheless available for guidance to the extent they had the "power to persuade"
Ellison v. Robertson
357 F.3d 1072 (9th Cir. 2004) Cited 657 times 2 Legal Analyses
Holding that "the district court erred in concluding on summary judgment that [the ISP] satisfied the requirements of § 512" because the record showed that the ISP "allowed notices of potential copyright infringement to fall into a vacuum and to go unheeded," indicating it "had not reasonably implemented its policy against repeat infringers"
Yates v. Hendon
541 U.S. 1 (2004) Cited 176 times 2 Legal Analyses
Holding that an individual can wear two hats at the same time for the purpose of maintaining a plan as an employer but participating in the plan as an employee
Perfect 10, Inc. v. Amazon.Com, Inc.
487 F.3d 701 (9th Cir. 2007) Cited 468 times 29 Legal Analyses
Holding that an online image search index was "highly transformative"
In re Teleglobe Comms
493 F.3d 345 (3d Cir. 2007) Cited 448 times 9 Legal Analyses
Holding that judicial admissions "must be statements of fact that require evidentiary proof, not statements of legal theories"
Ford Motor Co. v. Summit Motor Products, Inc.
930 F.2d 277 (3d Cir. 1991) Cited 625 times
Holding that reviewing court would not consider an issue raised on appeal but not considered by jury at trial
Effects Associates, Inc. v. Cohen
908 F.2d 555 (9th Cir. 1990) Cited 294 times 2 Legal Analyses
Holding that an implied grant of a nonexclusive license to use a copyrighted work precludes a copyright infringement claim
Parilla v. IAP Worldwide Servs. VI, Inc.
368 F.3d 269 (3d Cir. 2004) Cited 183 times 2 Legal Analyses
Holding that a court "must determine unconscionability as of the time the contract was formed, and an after-the-fact offer to waive certain contract provisions can have no effect on analysis."
Section 101 - Definitions
17 U.S.C. § 101 Cited 6,357 times 174 Legal Analyses
Recognizing the United States' adherence to provisions of the Berne Convention of 1886
Section 504 - Remedies for infringement: Damages and profits
17 U.S.C. § 504 Cited 3,598 times 55 Legal Analyses
Stating that, where "infringement was committed willfully, the court in its discretion may increase the award of statutory damages to a sum of not more than $150,000"
Section 410 - Registration of claim and issuance of certificate
17 U.S.C. § 410 Cited 1,498 times 12 Legal Analyses
Finding that production of a certificate of copyright registration gave rise to a rebuttable presumption that copyright was valid
Section 202 - Congressional finding and declaration of policy
29 U.S.C. § 202 Cited 1,111 times 5 Legal Analyses
Finding that domestic service employees affect commerce
Section 202 - Ownership of copyright as distinct from ownership of material object
17 U.S.C. § 202 Cited 128 times
Distinguishing between a copyrighted work and "any material object in which the work is embodied"
Section 203 - Termination of transfers and licenses granted by the author
17 U.S.C. § 203 Cited 106 times 18 Legal Analyses
Providing right to terminate post-1978 grants between thirty-five and forty years after the grant

Farkas v. Rich Coast Corporation et al

24 Cited authorities

Holding that “one who distributes a device with the object of promoting its use to infringe copyright ... is liable”

Holding that "In determining whether a hired party is an employee under the general common law of agency, we consider the hiring party's right to control the manner and means by which the product is accomplished" and listing several factors relevant to this inquiry

Holding that "the rulings, interpretations and opinions of the Administrator" of the statute in question, "while not controlling upon the courts by reason of their authority," were nonetheless available for guidance to the extent they had the "power to persuade"

Holding that an individual can wear two hats at the same time for the purpose of maintaining a plan as an employer but participating in the plan as an employee

Holding that an online image search index was "highly transformative"

Holding that judicial admissions "must be statements of fact that require evidentiary proof, not statements of legal theories"

Holding that reviewing court would not consider an issue raised on appeal but not considered by jury at trial

Holding that an implied grant of a nonexclusive license to use a copyrighted work precludes a copyright infringement claim

Holding that a court "must determine unconscionability as of the time the contract was formed, and an after-the-fact offer to waive certain contract provisions can have no effect on analysis."

Recognizing the United States' adherence to provisions of the Berne Convention of 1886

Stating that, where "infringement was committed willfully, the court in its discretion may increase the award of statutory damages to a sum of not more than $150,000"

Finding that production of a certificate of copyright registration gave rise to a rebuttable presumption that copyright was valid

Finding that domestic service employees affect commerce

Distinguishing between a copyrighted work and "any material object in which the work is embodied"

Providing right to terminate post-1978 grants between thirty-five and forty years after the grant